Settlement Administrator Angeion Group Announces Proposed Settlement In Vizzy Hard Seltzer Class Action

News provided by

Apr 06, 2023, 11:40 ET

If You Purchased Vizzy Hard Seltzer products Any Time Between January 1, 2020, and March 10, 2023, A Class Action Settlement Totaling $9,500,000.00 May Affect Your Legal Rights.

A federal court authorized this notice. This is not a solicitation from a lawyer.

PHILADELPHIA, April 6, 2023 /PRNewswire/ -- A proposed class action Settlement has been reached in cases alleging Vizzy brand hard seltzer beverages (the "Products") were unlawfully and misleadingly labeled as "with antioxidant vitamin C from acerola superfruit." Molson Coors Beverage Company USA LLC ("Defendant") contends that the label claims are expressly true and denies that it did anything wrong. Notwithstanding, the parties have agreed to settle the cases on a nationwide basis, and Defendant has agreed to change its labeling and provide Cash Payments to Settlement Class Members. The cases are Marek, et al. v. Molson Coors Beverage Company USA LLC, United States District Court for the Northern District of California, Case No. 21-cv-07174-WHO; Williams v. Molson Coors Beverage Company USA LLC, United States District Court for the Northern District of Illinois, Case No. 21-cv-50207; Eyzaguirre v. Molson Coors Beverage Company USA LLC, United States District Court for the Southern District of Florida, Case No. 22-cv-60889.

Does The Class Include Me?

You are a Settlement Class Member if you purchased any Vizzy brand hard seltzer beverage in the United States between January 1, 2020, and March 10, 2023, except for the purpose of resale.

What are the Settlement Benefits?

To settle the case, Defendant will create a settlement fund of $9,500,000.00. This fund will be used to pay Valid Claims as well as attorneys' fees and expenses, incentive awards, and class administration and other costs. If you make a Valid Claim in the settlement, you will receive a Cash Payment for each unit of any Product that you purchased, subject to the maximums and minimums set forth below. A "24-pack Unit" means a single quantity of a 24-pack of the Product; a "12-pack Unit" means a single quantity of a 12-pack of the Product; and a "Single Can Unit" means a single quantity of either a 24-ounce can or 16-ounce can of the Product.

If you make a Valid Claim, you are entitled to a Cash Payment up to as follows: five dollars ($5) per 24-pack Unit of the Product purchased; three dollars ($3.00) per 12-pack Unit of the Product purchased; and seventy-five cents ($0.75) per Single Can Unit of the Product purchased. Each Valid Claim shall receive a Minimum Cash Payment of $6.00, though the Cash Payment may be less depending upon, among other things, the number of Valid Claims received, the amount of Attorneys' Fees and Expenses paid to the Plaintiffs' lawyers, the amount of Incentive Awards paid to the Plaintiffs, and the costs of providing notice and administering the Settlement. If you do not have proof of purchase, you may obtain a maximum Cash Payment of up to fifteen dollars ($15.00) per Household. "Proof of Purchase" means a receipt or other documentation from a third-party commercial source (such as a store) that reasonably establishes the fact and date of purchase of the Product during the relevant period in the United States.

The Settlement also requires Defendant to permanently remove the claim "with antioxidant vitamin C from acerola superfruit" from all Product Labeling and marketing materials.

If there is money left over in the Settlement Fund after payment of all Valid Claims, Attorneys' Fees and Expenses, Class Representative Incentive Awards, and Administration Costs, the money will be donated to a nonprofit organization.

How Do I Make A Claim?

To file a claim, visit vizzysettlement.com/submit-claim and fill out the form. You can also obtain a claim form by contacting the Claim Administrator. You must submit a claim by June 6, 2023.

What are my rights?

You may make a Claim, Object, Opt-Out, or do nothing. To receive a Cash Payment, you must submit a Claim online or by mail, by June 6, 2023. If you Opt-Out of the Settlement, you may pursue a separate lawsuit, but you will receive no Cash Payment. Your Opt-Out request must be submitted online at vizzysettlement.com/opt-out or mailed to and received by the Claim Administrator by June 6, 2023. If you do not Opt-Out, you give up your right to bring a separate lawsuit. To object, you must submit a written Objection that complies with the requirements in the Long Form Notice available at www.vizzysettlement.com. Your Objection must be filed with the Court by May 19, 2023. Do nothing, and you will not receive a Cash Payment and you will release claims against Defendants that relate to the allegations in the lawsuits.

What will happen next?

The Court will hold a hearing on July 12, 2023 at 2:00 p.m. to consider whether to finally approve the Settlement. The Plaintiffs' Attorneys will ask the Court to award them no more than $2,500,000 in fees and approximately $75,000 in out of pocket expenses and up to $35,000 total in Incentive Awards to the nine individuals who pursued the lawsuit, out of the Settlement Fund. Note that the hearing date may change without further notice to you. Consult the Settlement Website at www.vizzysettlement.com or for a fee, through the Court's Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, for updated information on the hearing date and time.

How can I get more information?

For more information, please visit www.vizzysettlement.com or contact the Claim Administrator at Vizzy Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103 or by telephone at (844) 509-3005. Please do not telephone the Court or the Court's Clerk's Office to inquire about this Settlement.

This notice is only a summary.
For more information, including the full Notice and Settlement Agreement, visit www.vizzysettlement.com, email [email protected], or call 844-509-3005.

Media Contact:
Angeion Group
Shiri Lasman
(215) 563-4116

SOURCE Angeion Group